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[A.M. No. 03-03-22-SC. April 1, 2003]

RE: LETTER OF DIAZ

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 01 2003.

A.M. No. 03-03-22-SC (Re: Letter of Ma. Victoria S. Diaz, Program Development Officer, Philippine Jesuit Prison Service.)

In a letter dated 6 November 2001 Ma. Victoria S. Diaz, Program Development Officer, Philippine Jesuit Prison Service (PJPS), informed the Oversight Committee that twelve (12) youthful offenders were still detained in death Row, having been convicted of various offenses and sentenced to death by the different trial courts and now awaiting final decision of the supreme court, namely Alfredo T. Alvero, Alfredo G. Baroy , Ronald J. Bragas, Anthony A. Manguerra, Renante P. Mendez, Ramon R. Nicodemus, Saturani B. Panggayong, Roger M. Pagsibigan, LarinaR. Perpi�an, Almer R. Butal, Jerry L. Natimdim, and Christopher V. Padua, all allegedly below eighteen (18) years old at the time of the commission of their respective offenses.

Article 68 of the Revised Penal Code, in relation to P.D. No. 603, as amended, provides that minority is privilege mitigating circumstances which prevents the imposition of the death penalty.Thus, youthful offenders generally cannot be meted the death penalty.

After a series of meetings, including a conference with the officials of the PJPS, the Department of Social Welfare and Development (DSWD) and the Bureau of Corrections, the Oversight Committee directed Ms. Diaz to substantiate her letter by submitting evidence showing that at the time of the commission of their alleged respective crimes, the twelve (12) accused were below eighteen (18) years of age and thus could avail of the privilege mitigating circumstance of minority.

The evidence submitted by Ms. Diaz, in compliance with the directive of the Oversight Committee, and those which have been earlier filed and attached to the rollos of the respective cases disclosed that except for Renante P. Mendez and Jerry L. Natindim, all the other accused were minors below eighteen (18) years of age at the time of the commission of their respective crimes.Thus, the Oversight Committee recommended to the Court that pending the determination of their respective appeals the ten (10) accused be TRANSFERRED to the medium security compound of the National Penitentiary where they can avail of reintegration programs until the Court can finally rule on their cases and impose the proper penalty if found guilty.

In its Resolution of 30 July 2002 the Court DIRECTED the Office of the Court Administrator to transfer accused Alfredo T. Alvero, Alfredo G. Baroy, Ronald J. Bragas, Anthony A. Manguerra, Ramon R. Nicodemus, Saturani B. Panggayong, Roger M. Pagsilbigan, Larina R. Perpi�an, Elmer R. Butal and Christopher V. Padua to the medium security compound of the National Penitentiary, without prejudice to a final determination of their minority at the time of the alleged commission of their offenses.The Court further DIRECTED the Office of the Solicitor General (OSG), as counsel for the State, to COMMENT on the letter of Ms. Diaz.

On 12 November 2002 the Court referred to the Oversight Committee the 28 August 2002 Comment filed by the OSG in compliance with the 30 July 2002 Resolution of the Court.The OSG recommended thus -

WHEREFORE, it is respectfully recommended that the cases enumerated in this Honorable Court's Resolution dated July 30, 2002 Re: Letter of Ma. Victoria S. Diaz , Program Director, Philippine Jesuit Prison Service, with the exception of the cases of Reynante P. Mendez and Jerry Natimdim, who were admitted to be of age when they committed their offenses, be remanded to the trial courts of origin for reception in evidence of their third NSO- authenticated Certificates of Live Birth and other pertinent evidence in order to determine their true ages at the time of the commission of their offenses.

The OSG submitted that "any public documents to prove minority, though belatedly submitted, could still be considered," citing People v. Bragas, G.R. No. 135400 where the Court in its 23 April 2002 Resolution remanded the case to RTC-Br. 2, Bangued, Abra, for "reception in evidence of certificate of Live Birth of accused-appellant."However, the OSG advised that the trial courts concerned must not content themselves with the authenticity of public document/s but that they should "meticulously match the entries in said public document/s with the testimonies or admissions appearing in the transcript of stenographic notes." It added that where there are noted discrepancies, it is imperative to submit additional documents; and when the authenticity of the public document is itself being questioned, the National Bureau of Investigation must be directed to conduct an investigation thereon.

The Oversight Committee, agreeing with the OSG on the remand of the cases, suggested that the case be referred to the Executive Judge of RTC, Muntinlupa City, to be raffled among the RTC Judges thereat who shall receive evidence on the minority of the accused.According to the Committee, this will expedite matters considering the proximity of the National Penitentiary to the RTC, Muntinlupa City, not to mention the convenience to the PJPS and the DSWD, the two (2) institutions giving assistance to the accused minors.It noted the 11 March 2003 Resolution of the Court in the case of Ronald J. Bragas where a similar action was ordered upon the recommendation of the Committee.

Moreover, the Committee reported that the cases of Alfredo T. Alvero and Alfredo G. Baroy and Anthony Manguera need not be referred to the Executive Judge of RTC, Muntinlupa City.In People v. Alfredo Alvero y Tarado, G.R. No.132364, the Court in its 27 September 2002 Resolution already modified its decision of 23 May 2001 by reducing the penalty imposed by the Court on the accused from death to reclusion perpetua.The same modification was impose by the court on accused Alfredo G. Baroy in its 9 May 2002 Resolution in People v. Alfredo Baroy and Felicisimo Nacional, G.R. Nos. 137520-22,and accused Anthony A. Manguera in its 5 March 2003 Decision in People in v. Anthony Manguera y Alingastre, G.R. No. 139906.

IN VIEW WHEREOF, upon recommendation of the Oversight Committee, the Court Resolves to REFER the cases of Ramon R. Nicodemus, Saturani B. Paggayong, Roger M. Pagsibigan, Larina R. Perpi�an, Elmer R. Butal, and Christopher V. Padua to the Executive Judge of Muntinlupa City, for raffle among the RTC Judges thereat who shall receive evidence on the minority of the accused and thereafter REPORT their findings to the Court within ten (10) days from conclusion of the proceedings.

SO ORDERED.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

By:

(Sgd.)MA. LUISA D. VILLARAMA

Assistant Clerk of Court

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